What is the test for confronting a witness?

"A criminal defendant has the right, guaranteed by the confrontation clauses of both the federal and state Constitutions, to confront the prosecution's witnesses." (People v. Herrera (2010) 49 Cal.4th 613, 620.) An exception to the confrontation requirement exists where " ' "a witness is unavailable and has given testimony at previous judicial proceedings against the same defendant [and] was subject to cross-examination . . . ." ' " (Id. at p. 621.) This exception is codified in Evidence Code section 1291. (Herrera, at p. 621.) The admission of former testimony is permitted if: (1) the witness is unavailable; and (2) the party against whom the former testimony is offered was a party to the prior proceeding and had the right and opportunity to cross-examine the witness with an interest and motive similar to that which that party has at the present hearing. (Evid. Code, 1291, subd. (a)(2).)